(a) If a minor is in custody
for the alleged commission of an offense that would be a crime if committed by
an adult, any statement given by a minor in response to questions asked by a police
officer is inadmissible unless the police officer informed the minor of the
minor's rights before questioning begins.

(a)(1) If the child is under 14
years of age, the child is presumed not adequately mature and experienced to
knowingly and voluntarily waive or understand a child’s rights unless a parent,
guardian, or legal custodian is present during waiver.

(a)(2) If the minor is 14 years
of age or older, the minor is presumed capable of knowingly and voluntarily
waiving the minor's rights without the benefit of having a parent, guardian, or
legal custodian present during questioning.

(b) The presumptions outlined
in paragraphs (a)(1) and (a)(2) may be overcome by a
preponderance of the evidence showing the ability or inability of a minor to
comprehend and waive the minor's rights.